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PRIOR PRINTER'S NO. 2063
PRINTER'S NO. 2204
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1819
Session of
2021
INTRODUCED BY LABS, R. BROWN, GROVE, HAMM, MENTZER, MILLARD,
MOUL, POLINCHOCK, ROAE, RYAN, SCHROEDER, STAATS, STAMBAUGH,
THOMAS, TOMLINSON, TOPPER, ZIMMERMAN, MERCURI, JONES, FARRY
AND COX, AUGUST 31, 2021
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 29, 2021
AN ACT
Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), entitled "An act establishing a system of
unemployment compensation to be administered by the
Department of Labor and Industry and its existing and newly
created agencies with personnel (with certain exceptions)
selected on a civil service basis; requiring employers to
keep records and make reports, and certain employers to pay
contributions based on payrolls to provide moneys for the
payment of compensation to certain unemployed persons;
providing procedure and administrative details for the
determination, payment and collection of such contributions
and the payment of such compensation; providing for
cooperation with the Federal Government and its agencies;
creating certain special funds in the custody of the State
Treasurer; and prescribing penalties," in compensation,
further providing for qualifications required to secure
compensation and for ineligibility for compensation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 401(b)(1)(iii) and 402(a) of the act of
December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as
the Unemployment Compensation Law, are amended to read:
SECTION 1. SECTION 401(B)(1)(III) OF THE ACT OF DECEMBER 5,
1936 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE
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UNEMPLOYMENT COMPENSATION LAW, IS AMENDED TO READ:
Section 401. Qualifications Required to Secure
Compensation.--Compensation shall be payable to any employe who
is or becomes unemployed, and who--
* * *
(b) (1) Is making an active search for suitable employment.
The requirements for "active search" shall be established by the
department and shall include, at a minimum, all of the
following:
* * *
(iii) Applying for positions that offer employment and wages
similar to those the claimant had prior to his unemployment and
which are within a forty-five (45) minute commuting distance.
The following apply:
(A) A CLAIMANT SHALL MAKE A GOOD-FAITH EFFORT TO OBTAIN
EMPLOYMENT IN SUITABLE WORK. A claimant who has applied for a
position may not take any action to UNREASONABLY discourage the
claimant's own hire IN SUITABLE WORK , including any of the
following:
(I) Refusing to attend or failing to participate in a job
interview or other applicant selection activity offered by the
employer without good cause.
(II) Refusing employment or a referral for employment in
suitable work , without good cause, prior to an interview or a
discussion of the details of a job with the employer.
(III) Failing to make a good-faith effort to obtain
employment, as evidenced by statements or other actions of the
claimant, that are intended to discourage the claimant's hire.
(B) If a claimant refuses or fails to participate in a job
interview or applicant selection activity for good cause, the
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claimant shall notify the employer of the reasons and make a
good faith effort to reschedule the interview or other activity
with the employer in order to be considered for the position.
(C) (B) Within 90 days of the effective date of this
subparagraph, the department shall create forms or update
existing forms to enable employers to report claimants who
discourage their own hire, as provided in this subclause. THE
FORMS SHALL INCLUDE NOTICE OF THE PROVISIONS OF SECTION 802.
(C) A CLAIMANT WHO UNREASONABLY DISCOURAGES THE CLAIMANT'S
OWN HIRE IN SUITABLE WORK SHALL BE CONSIDERED TO HAVE REFUSED AN
OFFER OF WORK FOR PURPOSES OF SECTION 402(A).
* * *
Section 402. Ineligibility for Compensation.--An employe
shall be ineligible for compensation for any week--
(a) In which his unemployment is due to failure, without
good cause, either to apply for suitable work at such time and
in such manner as the department may prescribe, or to accept
suitable work when offered to him by the employment office or by
any employer, irrespective of whether or not such work is in
"employment" as defined in this act: Provided, That such
employer notifies the employment office of such offer within
seven (7) days after the making thereof; however this subsection
shall not cause a disqualification of a waiting week or benefits
under the following circumstances: when work is offered by his
employer and he is not required to accept the offer pursuant to
the terms of the labor-management contract or agreement, or
pursuant to an established employer plan, program or policy:
Provided further, That a claimant shall not be disqualified for
refusing suitable work when he is in training approved under
section 236(a)(1) of the Trade Act of 1974[.]: Provided further,
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That a claimant who discourages the claimant's own hire, without
good cause, as provided in section 401(b)(1)(iii), shall be
disqualified under this subsection.
* * *
Section 2. This act shall take effect immediately.
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